Alberta judge gives ‘dangerous’ refugee drug dealer more time to dodge deportation

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The delegate “found a ‘less than reasonable chance’ that the applicant would be at risk if returned to Somalia, and that any humanitarian and compassionate considerations for his continued residency in Canada were outweighed by the danger he posed to the public.”

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Sharif lost his residency and was transferred to Ontario into the custody of Canada Border Services to await deportation on June 30, 2025. He was told that Somalia had informed Canadian officials that he would not be accepted into the country, so he was to be deported to Nairobi, Kenya, where he would be left to make his own way to Somalia, Feth said.

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This past May, the Federal Court dismissed Sharif’s application for a judicial review of the ministerial delegate’s report that led to his removal order.

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“At the same time, the applicant filed a complaint with the United Nations Human Rights Committee which requested that Canada suspend his removal pending consideration of the complaint.”

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When Diab refused, Sharif applied for a judicial review of her decision, but a judge dismissed his application.

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Last month, the Ontario Court of Appeal dismissed Sharif’s appeal of that decision.

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Meanwhile Sharif applied to the Alberta Court of Appeal asking for more time to appeal his convictions.

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“The primary argument is that at time of his guilty pleas, the applicant did not understand the collateral consequences of those pleas, including that his convictions and sentence would make him inadmissible in Canada and lead to his deportation with no ability to appeal,” said Feth.

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Sharif said his lawyer had told him that if he didn’t plead guilty and tried to defend himself, he would spend more time behind bars.

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“My lawyer also told me that I likely would not be deported after pleading guilty because the charges were not serious.”

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“When I pled guilty to the charges, I did not know that a conviction for sexual assault or a sentence of more than six months would make me inadmissible in Canada and subject to deportation. I also did not know that if I was ordered removed by immigration officials, I would not be able to appeal that decision because I was a permanent resident and not a citizen.”

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Sharif argued he wouldn’t have pleaded guilty if he knew that could lead to deportation. “At the time I pled guilty, I was terrified of being sent to Somalia. I believed I would be imprisoned in Somalia because I am unable to speak Somali and have no connections in that country. I believed I would be killed in Somalia due to my clan. I still believe this is the case.”

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Feth heard that Sharif’s convictions involved serious offences, including trafficking large amounts of methamphetamine and fentanyl to undercover police officers.

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“The sexual assault involved digital penetration of the complainant’s vagina for a period of 10 minutes, while both the applicant and the complainant were patients in a psychiatric care facility,” Feth said in his ruling.

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Sharif also pleaded guilty at the same time to taxi fraud, theft under $5,000 and mischief.

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The Immigration Department delegate who determined he posed a danger didn’t address “the seriousness of Mr. Sharif’s mental health condition and how those with mental health issues are treated in Somalia,” Feth said.

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The delegate also didn’t explore “whether Somalia would allow his re-entry as (Canada Border Services Agency) internal notes indicate that Somalia does not allow for the return of anyone with a diagnosed mental health issue.”

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Diab’s delegate failed to touch on “Somalia’s corresponding refusal to issue him travel documents … the CBSA’s decision not to accompany him to Somalia, contrary to CBSA policy, and … evidence about Al-Shabaab posing a significant and growing security risk in Mogadishu contrary to the author’s conclusion that the group has not had a presence in Mogadishu in over a decade and poses minimal risk.”